Case Information

*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/17/2015 3:11:38 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00009-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/17/2015 3:11:38 PM DEBBIE AUTREY CLERK NO. 06-15-00009-CV IN THE COURT OF APPEALS SIXTH COURT OF APPEALS DISTRICT TEXARKANA, TEXAS D ENNIS R AYNER AND J OE T EX X PRESS , I NC ., Appellants, V .

K RISTA D ILLON , Appellee. O N A PPEAL FROM THE 62 ND D ISTRICT C OURT , H OPKINS C OUNTY , T EXAS

H ONORABLE W ILL B IARD P RESIDING C AUSE N O . CV40921 AGREED FIRST MOTION FOR EXTENSION OF TIME TO FILE

APPELLANTS’ BRIEF TO THE HONORABLE SIXTH COURT OF APPEALS:

Appellants respectfully present this agreed first motion to extend the

time in which to file their Appellants’ Brief pursuant to Texas Rule of

Appellate Procedure 38.6. No previous motions for extension of time to file

the Appellants’ Brief have been filed. In support of this motion, appellants

would show the Court as follows:

I.

Appellants’ principal brief is currently due on July 17, 2015. Because

of the events and matters described more fully below, appellants request an

extension of an additional 30 days in which to file the Appellants’ Brief or

until August 17, 2015.

II.

The requested extension is necessary because the following matters

have prevented the undersigned from completing the Appellants’ Brief and

will preclude the undersigned from doing so sooner than August 17, 2015:

1. The undersigned was required to prepare a jury charge and

attend a jury charge hearing during a trial in Jeffrey Green et al. v. Anthony “Tony” Schuchart , No. 3075, in the County Court

at Law, Medina County, Texas;

2. The undersigned prepared and revised post-judgment filings in

Robertson Electric, Inc. v. Select Building Systems, Inc. et al. ,

No. 13-212, in the 216 th District Court, Kendall County, Texas;

3. The undersigned has been ordered to file a response to the

petitioners’ motion for rehearing in City of Houston and Daniel

W. Krueger, in His Official Capacity as Director of Public

Works & Engineering v. Little Nell Apartments, LP et al. , No

14-0473, in the Texas Supreme Court;

4. The undersigned is preparing the appellants’ brief in In re

Estate of Jack Ikenaga, Sr. , No. 04-15-00005-CV, in the Fourth Court of Appeals; and

5. The undersigned has been out of the office attending meetings

associated with his service as President-elect of the Texas Young

Lawyers Association.

For all of the reasons explained above, counsel for appellants cannot

complete the Appellants’ Brief by its current due date of July 17, 2015, and

needs an additional 30 days in which to do so.

III.

On July 17, 2015, the undersigned conferred with John Mercy, lead

appellate counsel for appellee. Mr. Mercy indicated that this motion would

not be opposed.

WHEREFORE, PREMISES CONSIDERED, appellants respectfully

request that this Court grant their motion for extension of time in which to

file the Appellants’ Brief, extend the deadline in which to file the brief an

additional 30 days up to and including August 17, 2015, and grant such other

and further relief to which appellants may be justly and equitably entitled.

Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Fax: (210) 826-0075 sam@hdappeals.com ATTORNEY FOR APPELLANTS *4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing motion

has been served on the following counsel in accordance with the Texas Rules

of Appellate Procedure, on this 17th day of July, 2015:

John Mercy Via email/eservice

M ERCY C ARTER T IDWELL , L.L.P.

1724 Galleria Oaks Drive

Texarkana, Texas 75503

jmercy@texarkanalawyers.com

Brent Goudarzi Via email/eservice

G OUDARZI & Y OUNG , L.L.P.

P.O. Drawer 910

Gilmer, Texas 75644

brent@goudarzi-young.com

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III